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Judicial Appointments - Louisiana

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The original documents are located in Box 21, folder "Judicial Appointments - Louisiana" of the Philip Buchen Files at the Gerald R. Ford Presidential Library. Copyright Notice The copyright law of the United States (Title 17, United States Code) governs the making of photocopies or other reproductions of copyrighted material. Gerald R. Ford donated to the United States of America his copyrights in all of his unpublished writings in National Archives collections. Works prepared by U.S. Government employees as part of their official duties are in the public domain. The copyrights to materials written by other individuals or organizations are presumed to remain with them. If you think any of the information displayed in the PDF is subject to a valid copyright claim, please contact the Gerald R. Ford Presidential Library. Digitized from Box 21 of the Philip Buchen Files at the Gerald R. Ford Presidential Library July 9, 1975 MEMORANDUM FOR THE HONORABLE HAROLD R. TYLER, JR. DEPUTY ATTORNEY GENERAL Subject: Recommendation for Federal District Judge In Louisiana Attached is a copy of a letter from a friend of mine supporting Revius Ortique, Jr. of New Orleans for this appointment. Philip W. Buchen Counsel to the President Attachment FORD it LIBRARY 03RALD July 9, 1975 Dear John: Many thanks for your letter of July 2 recommending Mr. Revins O. Ortique, Jr. for appointment to the Federal bench in Louisiana. I have passed on your recommendation to Deputy Attorney General Tyler so that Mr. Ortique may be given prompt consideration, and I will do what I can when the matter reaches the White House. Sincerely, Philip W. Buchen Counsel to the President Mr. John W. Cummiskey 465 Old Kent Building Grand Rapids, Michigan 49502 FORD a QERALD LIBRARY MILLER Miller, Johnson, Snell & Cummiskey JOHNSON- SNELL ATTORNEYS CUMMISKEY MALE TELEPHONE 459-8311 AREA CODE 616 C. BRANSDORFER 465 OLD KENT BUILDING PARSONS URPHY GRAND RAFIDS. MICHIGAN 49502 RICHARD F. HOOKER E. JABIN (1926-1970) ENGBERS STOKES July 2, 1975 PATTERSON HENDERSON J. QUIST MCNEIL GUENTHER GUIKEMA KOK c. HAWK MUTH THORSEN D. BROWER. JR. MARCH FORTUNA. JR. STEINES. JR. A. SNAPPER Philip W. Buchen, Esq. Office of the President The White House Washington, D. C. Dear Phil, I understand the name of Revius O. Ortique, Jr., of New Orleans, has been presented as a possible nominee for Federal District Judge in Louisiana. Revius has been a good friend of mine for almost twenty years. We have worked closely together on the problems of extending legal services to the indigent and to those of modest means. I understand he has considerable backing in New Orleans from the media and others, so perhaps my recommendation is redundant. From my own knowledge in working with Revius, I believe he will do an outstanding job on the Federal bench. He is a natural leader (currently President of NLADA, Past President of National Bar Association, many ABA interests, presently a nominee to the Board of Directors of the National Legal Services Corpora- tion). He is a trial lawyer. He is compassionate but is firmly committed to the rule of law as an absolutely necessary ingredient in the survival of our system of government. Sincerely, FORD MILLER, JOHNSON, SNELL & CUMMISKEY LIBRARY By JWC/jhm John John W. Cummiskey THE WHITE HOUSE fustin WASHINGTON July 9, 1975 Dear John: Many thanks for your letter of July 2 recommending Mr. Revius O. Ortique, Jr. for appointment to the Federal bench in Louisiana. I have passed on your recommendation to Deputy Attorney General Tyler SO that Mr. Ortique may be given prompt consideration, and I will do what I can when the matter reaches the White House. Sincerely, Thil Philip W. Buchen Counsel to the President Mr. John W. Cummiskey 465 Old Kent Building Grand Rapids, Michigan 49502 FORD & LIBRARY THE WHITE HOUSE WASHINGTON July 9, 1975 MEMORANDUM FOR THE HONORABLE HAROLD R. TYLER, JR. DEPUTY ATTORNEY GENERAL Subject: Recommendation for Federal District Judge in Louisiana Attached is a copy of a letter from a friend of mine supporting Revius Ortique, Jr. of New Orleans for this appointment. T.W.B. Philip W. Buchen Counsel to the President Attachment ADDRESS GERALD ? FORD ustice THE WHITE HOUSE WASHINGTON November 9, 1975 Dear Mr. Tucker: Thank you very much for your telegram concerning the matter of Federal Judgeship vacancies in the Eastern District of Louisiana. Your recom- mendation will be included when nominations to these positions are being considered. With best wishes. Sincerely, Philip Counsel to the President Mr. Robert H. Tucker, Jr. Executive Assistant to the Mayor New Orleans, Louisiana CC: Doug Bennett Harold Tyler the Hause WHB074 (1946) (1-035660A308)PI PD 11/04/75 1945 ICS IPMNAWA WSH 975 NOV 4 PM 7 43 6 10074 1-035746C308 11-04 1906 ICS IPMNSTA NN 7 PMS 01098 NEWORLEANS LA 33 11-04 525P CST 8 9 THE HONORABLE PHILIP BUCHEN, COUNSELOR TO THE PRESIDENT 10 OFFICE OF THE PRESIDENT 11 12 WHITEHOUSE DC 13 DEAR MR. SIR: 14 15 THERE EXIST TWO FEDERAL JUDGESHIP VACANCIES FOR THE EASTERN 16 DISTRICT OF LOUISIANA LOCATED IN NEW ORLEANS, LOUISIANA. 17 18 I HIGHLY RECOMMEND REVIUS ORTIQUE, JR. FOR ONE OF THE 19 VACANCIES. 20 21 VERY TRULY YOURS, 22 ROBERT H TUCKER JR EXECUTIVE ASSISTANT TO THE MAYOR 23 24 25 NNNN 26 FORD is GERALD LIBRARY file THE WHITE HOUSE WASHINGTON March 1, 1976 MEMORANDUM FOR: DOUG BENNETT FROM: MAX FRIEDERSDORF M.G. SUBJECT: Louisiana Federal Judgeships Representative Joe Waggonner (D-LA), has recommended the following attorneys be considered for the Western District Federal Judgeship in Louisiana: James E. Boland, a member of the 2nd Court of Appeals John J. Fant, District Court Judge Cecil Ramey, Shreveport attorney Sidney Cook-Shreveport attorney Bob Pugh, Shreveport attorney and president of the State Bar Association. Henry Politz, Shreveport attorney CC: Jack Marsh Dick Cheney Phil Buchen Vern Loen Fill March 1, 1976 Dear Senator: On behalf of the President, I wish to thank you for the February 24 letter from you and Senator Long, emphasizing your previously expressed recommendation that a black lawyer be appointed as United States District Judge for the Eastern Bistrict of Louisiana. I have been asked to assure you that your suggestion is appreciated and will be fully considered in selecting a qualified candidate. with kind regards, Sincerely, William T. Kendall Deputy Assistant to the President The Honorable J. Bennett Johnston United States Senate Washington, D.C. 20510 bee: w/ine to Douglas Bennett for further handling bee: w/inc to Philip Buchen for your information bee: w/inc to Joe Jenckes - for your information WTK:JEB:VO:jem GERALD K. FORD LIBRARY 2-27 5 United States Senate WASHINGTON, D.C. 20510 in 59 M February 24, 1976 THE WASHIN The President The White House Washington, D. C. Dear Mr. President: Some weeks ago, we recommended to you that you appoint a qualified black lawyer as United States District Judge for the Eastern District of Louisiana in New Orleans. There are now two such vacancies. } We did not then and do not now insist on any particular individual because we think the principle involved is more important than the individual. e We now earnestly renew this request to you. f n Respectfully yours Russul Russell United States B. Long Senator e. J. Bennett Johnston United States Senator Enclosure GERALD ii. FORD An file March 4, 1976 Dear Senator: Thank you for your letter of March 2, 1976, to the President on behalf of Mr. Revius O. Ortique, Jr., who wishes to be considered for appointment as United States District Judge for the Eastern District of Louisiana. I have referred your letter to the White House staff office handling this matter and you may be certain that it will be given very careful and thoughtful consideration. With best wishes, Sincerely, Joseph S. Jenckes Y Special Assistant for Legislative Affairs The Honorable J. Bennett Johnston United States Senate Washington, D. C. 20510 bec:w/incoming to Doug Bennett for further handling bee? with incoming to Philip Buchen FYI JSJ:pd LIBRARY GERALD : FORD J. BENNETT JOHNSTON LOUISIANA 3-3 United States Senate WASHINGTON, D.C. 20510 March 2, 1976 The President The White House Washington, D. C. Dear Mr. President: mE I have previously written recommending that you appoint a qualified black attorney as United States District Judge for the Eastern District of Louisiana in New Orleans. A number of candidates have been highly recommended. They include: Robert Collins Nils R. Douglas Ernest N. Morial Each of these prospective nominees has now written to me recommending Revius O. Ortique, Jr. as the nominee. Their recommendation, of course, has special credibility because of the fact that each of these men has the credentials and back- ground to merit consideration himself. I submit that these recommendations are worthy of your most serious consideration. JBJ:Jlw GERALD Indianal appointments THE WHITE HOUSE WASHINGTON March 19, 1976 Dear Mr. Cervase: Thank you very much for your letter of March 10 concerning the U. S. Attorney in the Eastern District of Louisiana. I am referring your letter to the appropriate officials in the Department of Justice for comment. They Philip Sincerely, W. W.Bucken Buchen Counsel to the President Mr. John Cervase 423 Ridge Street Newark, New Jersey 07104 LICRAP THE WHITE HOUSE WASHINGTON March 19, 1976 MEMORANDUM FOR THE DEPUTY ATTORNEY GENERAL DEPARTMENT OF JUSTICE Attached is a copy of a letter from Mr. John Cervase concerning U. S. Attorney Gerald J. Gallinghouse of the Eastern District of Louisiana. I would appreciate your comments and suggestions. Philip P.W.B. W. Buchen Counsel to the President Attachment GERALD LAW OFFICES JOHN CERVASE 423 RIDGE STREET NEWARK, N.J. 07104 201 - 483-1800 March 10, 1976 Hon. Philip W. Buchen Counsel to the President The White House Washington, DC 20500 Re: Gerald J. Gallinghouse, U.S. Attorney (ED LA). Dear Mr. Buchen: Last month Mr. Gallinghouse withdrew as a candidate for a vacancy on the U.S. District Court after the ABA found that he was unfit for the office. This finding was further supported by events last week. Mr. Gallinghouse unilaterally designated the Chancellor of Tulane Medical School as an "unindicted co-conspirator" in a criminal case. U.S. District Judge Edmunt Palmieri of New York sharply criticized him for this act, and "relayed to the U.S. Attorney's office some observations and advice about the use of the term 'unindicted co-conspirator'". (Enclosed). Mr. Gallinghouse has been in office for six years. There is no reasonable justification for his action. Last Saturday the New Orleans Times-Picayune published a letter by Mr. Gallinghouse's assistant which defended him. In the letter this Assistant U.S. Attorney clearly implied that Gallinghouse not only used his office to obtain the judicial nomination, but that he is now using it to identify the people who opposed his nomination. It is not unreasonable to infer that he will use his office to stigmatize those opponents. The threat of stigmatization is not idle. of course the Chancellor's case is one example. But within the last two weeks, Mr. Gallinghouse has disclosed to the press the name of a local sheriff under investigation, information about a plot to bomb some New Orleans buildings and information about a housing authority lease. Apparently, - 1 - Hon. Philip W. Buchen - 2 - March 10, 1976 States-Item reporter Jack Davis and WVUE-TV reporter Richard Angelico have unlimited access to the U.S. Attorney's files. They consistently cite "sources close to the investigation" as the basis for reports of information which only the U.S. Attorney could possess. In my opinion these disclosures of confidential information violate the canons of ethics, the ABA Standards for Criminal Justice and Department of Justice policy. Although Mr. Gallinghouse ought to be replaced, I do not expect the President to do this during an election year. However, the Attorney General has the power to closely supervise the operation of his office. The exercise of that power is clearly warranted. Therefore, I request you to direct the Attorney General to take the following actions: 1. Assign an experienced Department attorney to move to New Orleans and to supervise the operation of the office. 2. Draft and implement strict regulations about the direct or indirect disclosure of information to the press and public. 3. Draft and implement a regulation which prohibits Mr. Gallinghouse from holding a press conference or issuing a press release without the prior express approval of the Assistant Attorney General in charge of the Criminal Division. 4. Draft and implement regulations which prohibit Mr. Gallinghouse from indicting or charging anyone with a crime unless at least three attorneys certify that they can prove the guilt of the defendant beyond a reasonable doubt. Sincerely yours, JOHN CERVASE Defends Gallinghouso me, New Orleans. Editor, The Times-Picayume: Recently Mr. Gerald J. Gallinghouse nduif withdrew from the race for appointment says as judge of the United States District Court for the Eastern District of Louisi- ana. This came as a surprise and disap- pointment to attorneys and others who Dr. Beasley is a very successful fund- knew him. e Universi- raiser and I had no reason to think he Of particular concern is the reason for fied that he could not raise this amount of money or the action taken by Mr. Gallingbouse. A 0,000 check to connect it to the earlier denied news release stated that the American in that the request. Bar Association found Mr. Gallinchouse ed" at the Q. If you had known how this $200.000 not qualified for a judicial appointment. Foundation was obtained would you have transmit- The basis for this finding has never been ted it to the state health agency? presented to the public. If a poil of the testimony A. No. I would not have. Like the earli- sley's trial er request that I declined from Dr. Beas- members of the American Bar Associa- es of seek- ley, this would have seemed to me to be tion in the Louisiana area-was taken, we ernment of another instance of an institution using have been unable to ascertain from its own funds to obtain a federal match whom the information was solicited. U.S. Atty. which is forbidden by the statutes. However. the statement of the Am rican ie $200.000 Bar Association would be interpreted as ndation of During the cross-examination of expressing the opinion of its members. ith his au- Walsh by defense counsel Arthur Le- Before an association speaks on behalf then used mann, U.S. District Judge Edmund of its members. it should determine the Palmieri, in an unusual move, told the matching true opinion of its members. nent. jury that they should disregard U.S. Mr. Gallinghouse's record speaks for Atty. Gerald J. Gallinghouse's designa- itself. He has been in the public eye for urned over tion of the Tulane chancellor as an many years. There has been no evidence / planning "unindicted co-conspirator." presented to support the news release of Lemann had brought out in his ques- the purported statement of the Ameri- n-count in- ticning that Waish had been so designat- can Bar Association. There has been $200,000 in ed by the U.S. attorney's office in the much evidence to refute and contradict " through FHF case when Palmieri intervened, the American Bar Association. er agents saying: Mr. Gallinghouse has prosecuted fear- in federal "It is somewhat unusual for me to tell lessly and vigorously without regard to you this, but I want you to know that you the name or position of the defendant. ng to con- Rumor has it that this may be the cata- should ignore the 'unindicted co-conspir- re federal ator' designation of Dr. Walsh by the lyst that set in motion a campaign against him federal U.S. attorney. Federal dockets are crowded. and the unds. "The fact of the matter is that the U.S. resignation of Judge James E. Comis- rd, Walsh attorney has no power to name anyone key, the death of Judge Herbert W. e time-in an unindicted co-conspirator. Only a Christenberry and illness of other judges had paid grand jury. not the U.S. attorney or any have created a necessity for an early alled Soft- court, can indict an individual. Dr. judicial appointment. Walsh is not on trial here and should not However. because of the power wield- that Soft- be so regarded by you jurors." ed by a federal judge's grant. caution the Fanin must be exercised in judicial selections. I letter to PALMIERI SAID he has "relayed to The judicial robe possesses no mage giving a the U.S. attorney's office some observa- power with which to endow its wearer sley's re- tions and advice about the use of the with the quality of infallibility or with term 'unindicted co-conspirator." honesty. integrity, fairness, industrious- is earlier. Walsh's testimony that Tulane would ness, knowledge of the law or a judicial by Beas- not have accepted the $200,000 from the temperament. The man or woman se- red from Fanin Foundation to be used as match- lected should be chosen because he or the state ing funds was corroborated by another she already possesses these qualities. ing funds Tulane official, Frederick King, vice These qualities and not politics should nment. president for business affairs at the Tu- serve as the guide in selecting the one to lane Medical Center. wear the judicial robe. Only in this way can justice prevail. and an- Asked if he would have approved the MARY WILLIAMS CAZALAS, J.D. FORD ilsh then acceptance of the $200.000 to be relayed to the state and used to obtain a federal re might matching grant. King replied: easley's "Absolutely not. That would have gone LIBRARY own and against my understanding that institu- $200,000 tions should not use their own funds to n, which obtain federal matches, nor should funds that might be federal dollars in the irst stion it. place be used to obtain a match." THE WHITE HOUSE WASHINGTON July 13, 1976 MEMORANDUM FOR: PHIL BUCHEN DOUG BENNETT FROM: MAX FRIEDERSDORF m.6. Congressman Edward Hebert (D-La.) strongly urges the President nominate Mr. Gene Davis of New Iberia, La., for a Federal judgeship vacancy in Louisiana. Hebert understands Davis is now going thru clearance. CC: Jack Marsh

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    "ocrText": "The original documents are located in Box 21, folder \"Judicial Appointments - Louisiana\"\nof the Philip Buchen Files at the Gerald R. Ford Presidential Library.\nCopyright Notice\nThe copyright law of the United States (Title 17, United States Code) governs the making of\nphotocopies or other reproductions of copyrighted material. Gerald R. Ford donated to the United\nStates of America his copyrights in all of his unpublished writings in National Archives collections.\nWorks prepared by U.S. Government employees as part of their official duties are in the public\ndomain. The copyrights to materials written by other individuals or organizations are presumed to\nremain with them. If you think any of the information displayed in the PDF is subject to a valid\ncopyright claim, please contact the Gerald R. Ford Presidential Library.\nDigitized from Box 21 of the Philip Buchen Files at the Gerald R. Ford Presidential Library\nJuly 9, 1975\nMEMORANDUM FOR\nTHE HONORABLE HAROLD R. TYLER, JR.\nDEPUTY ATTORNEY GENERAL\nSubject: Recommendation for Federal District Judge\nIn Louisiana\nAttached is a copy of a letter from a friend of mine\nsupporting Revius Ortique, Jr. of New Orleans for\nthis appointment.\nPhilip W. Buchen\nCounsel to the President\nAttachment\nFORD it LIBRARY 03RALD\nJuly 9, 1975\nDear John:\nMany thanks for your letter of July 2 recommending\nMr. Revins O. Ortique, Jr. for appointment to the\nFederal bench in Louisiana.\nI have passed on your recommendation to Deputy\nAttorney General Tyler so that Mr. Ortique may be\ngiven prompt consideration, and I will do what I\ncan when the matter reaches the White House.\nSincerely,\nPhilip W. Buchen\nCounsel to the President\nMr. John W. Cummiskey\n465 Old Kent Building\nGrand Rapids, Michigan 49502\nFORD a QERALD LIBRARY\nMILLER\nMiller, Johnson, Snell & Cummiskey\nJOHNSON-\nSNELL\nATTORNEYS\nCUMMISKEY\nMALE\nTELEPHONE 459-8311\nAREA CODE 616\nC.\nBRANSDORFER\n465 OLD KENT BUILDING\nPARSONS\nURPHY\nGRAND RAFIDS. MICHIGAN 49502\nRICHARD F. HOOKER\nE.\nJABIN\n(1926-1970)\nENGBERS\nSTOKES\nJuly 2, 1975\nPATTERSON\nHENDERSON\nJ.\nQUIST\nMCNEIL\nGUENTHER\nGUIKEMA\nKOK\nc. HAWK\nMUTH\nTHORSEN\nD. BROWER. JR.\nMARCH\nFORTUNA.\nJR.\nSTEINES. JR.\nA. SNAPPER\nPhilip W. Buchen, Esq.\nOffice of the President\nThe White House\nWashington, D. C.\nDear Phil,\nI understand the name of Revius O. Ortique, Jr., of\nNew Orleans, has been presented as a possible nominee for Federal\nDistrict Judge in Louisiana.\nRevius has been a good friend of mine for almost twenty\nyears. We have worked closely together on the problems of extending\nlegal services to the indigent and to those of modest means.\nI understand he has considerable backing in New Orleans\nfrom the media and others, so perhaps my recommendation is redundant.\nFrom my own knowledge in working with Revius, I believe\nhe will do an outstanding job on the Federal bench. He is a\nnatural leader (currently President of NLADA, Past President of\nNational Bar Association, many ABA interests, presently a nominee\nto the Board of Directors of the National Legal Services Corpora-\ntion). He is a trial lawyer. He is compassionate but is firmly\ncommitted to the rule of law as an absolutely necessary ingredient\nin the survival of our system of government.\nSincerely,\nFORD\nMILLER, JOHNSON, SNELL & CUMMISKEY\nLIBRARY\nBy\nJWC/jhm\nJohn John W. Cummiskey\nTHE WHITE HOUSE\nfustin\nWASHINGTON\nJuly 9, 1975\nDear John:\nMany thanks for your letter of July 2 recommending\nMr. Revius O. Ortique, Jr. for appointment to the\nFederal bench in Louisiana.\nI have passed on your recommendation to Deputy\nAttorney General Tyler SO that Mr. Ortique may be\ngiven prompt consideration, and I will do what I\ncan when the matter reaches the White House.\nSincerely,\nThil\nPhilip W. Buchen\nCounsel to the President\nMr. John W. Cummiskey\n465 Old Kent Building\nGrand Rapids, Michigan 49502\nFORD & LIBRARY\nTHE WHITE HOUSE\nWASHINGTON\nJuly 9, 1975\nMEMORANDUM FOR\nTHE HONORABLE HAROLD R. TYLER, JR.\nDEPUTY ATTORNEY GENERAL\nSubject: Recommendation for Federal District Judge\nin Louisiana\nAttached is a copy of a letter from a friend of mine\nsupporting Revius Ortique, Jr. of New Orleans for\nthis appointment.\nT.W.B.\nPhilip W. Buchen\nCounsel to the President\nAttachment\nADDRESS GERALD ? FORD\nustice\nTHE WHITE HOUSE\nWASHINGTON\nNovember 9, 1975\nDear Mr. Tucker:\nThank you very much for your telegram\nconcerning the matter of Federal\nJudgeship vacancies in the Eastern\nDistrict of Louisiana. Your recom-\nmendation will be included when\nnominations to these positions are\nbeing considered.\nWith best wishes.\nSincerely,\nPhilip\nCounsel to the President\nMr. Robert H. Tucker, Jr.\nExecutive Assistant to the\nMayor\nNew Orleans, Louisiana\nCC: Doug Bennett\nHarold Tyler\nthe Hause\nWHB074 (1946) (1-035660A308)PI PD 11/04/75 1945\nICS IPMNAWA WSH\n975 NOV 4 PM 7 43\n6\n10074 1-035746C308 11-04 1906 ICS IPMNSTA NN\n7\nPMS 01098 NEWORLEANS LA 33 11-04 525P CST\n8\n9\nTHE HONORABLE PHILIP BUCHEN, COUNSELOR TO THE PRESIDENT\n10\nOFFICE OF THE PRESIDENT\n11\n12\nWHITEHOUSE DC\n13\nDEAR MR. SIR:\n14\n15\nTHERE EXIST TWO FEDERAL JUDGESHIP VACANCIES FOR THE EASTERN\n16\nDISTRICT OF LOUISIANA LOCATED IN NEW ORLEANS, LOUISIANA.\n17\n18\nI HIGHLY RECOMMEND REVIUS ORTIQUE, JR. FOR ONE OF THE\n19 VACANCIES.\n20\n21\nVERY TRULY YOURS,\n22\nROBERT H TUCKER JR EXECUTIVE ASSISTANT TO THE MAYOR\n23\n24\n25\nNNNN\n26\nFORD is GERALD LIBRARY\nfile\nTHE WHITE HOUSE\nWASHINGTON\nMarch 1, 1976\nMEMORANDUM FOR:\nDOUG BENNETT\nFROM:\nMAX FRIEDERSDORF\nM.G.\nSUBJECT:\nLouisiana Federal Judgeships\nRepresentative Joe Waggonner (D-LA), has recommended the\nfollowing attorneys be considered for the Western District\nFederal Judgeship in Louisiana:\nJames E. Boland, a member of the 2nd Court of Appeals\nJohn J. Fant, District Court Judge\nCecil Ramey, Shreveport attorney\nSidney Cook-Shreveport attorney\nBob Pugh, Shreveport attorney and president of the State\nBar Association.\nHenry Politz, Shreveport attorney\nCC: Jack Marsh\nDick Cheney\nPhil Buchen\nVern Loen\nFill\nMarch 1, 1976\nDear Senator:\nOn behalf of the President, I wish to thank\nyou for the February 24 letter from you and\nSenator Long, emphasizing your previously\nexpressed recommendation that a black lawyer\nbe appointed as United States District Judge\nfor the Eastern Bistrict of Louisiana.\nI have been asked to assure you that your\nsuggestion is appreciated and will be fully\nconsidered in selecting a qualified candidate.\nwith kind regards,\nSincerely,\nWilliam T. Kendall\nDeputy Assistant\nto the President\nThe Honorable J. Bennett Johnston\nUnited States Senate\nWashington, D.C. 20510\nbee: w/ine to Douglas Bennett for further handling\nbee: w/inc to Philip Buchen for your information\nbee: w/inc to Joe Jenckes - for your information\nWTK:JEB:VO:jem\nGERALD K. FORD LIBRARY\n2-27\n5\nUnited States Senate\nWASHINGTON, D.C. 20510\nin\n59\nM\nFebruary 24, 1976\nTHE\nWASHIN\nThe President\nThe White House\nWashington, D. C.\nDear Mr. President:\nSome weeks ago, we recommended to you that\nyou appoint a qualified black lawyer as United\nStates District Judge for the Eastern District\nof Louisiana in New Orleans. There are now\ntwo such vacancies.\n}\nWe did not then and do not now insist on\nany particular individual because we think the\nprinciple involved is more important than the\nindividual.\ne\nWe now earnestly renew this request to you.\nf\nn\nRespectfully yours\nRussul Russell United States B. Long Senator\ne.\nJ. Bennett Johnston\nUnited States Senator\nEnclosure\nGERALD ii. FORD\nAn\nfile\nMarch 4, 1976\nDear Senator:\nThank you for your letter of March 2, 1976, to\nthe President on behalf of Mr. Revius O. Ortique,\nJr., who wishes to be considered for appointment\nas United States District Judge for the Eastern\nDistrict of Louisiana.\nI have referred your letter to the White House\nstaff office handling this matter and you may\nbe certain that it will be given very careful\nand thoughtful consideration.\nWith best wishes,\nSincerely,\nJoseph S. Jenckes Y\nSpecial Assistant\nfor Legislative Affairs\nThe Honorable J. Bennett Johnston\nUnited States Senate\nWashington, D. C. 20510\nbec:w/incoming to Doug Bennett for further handling\nbee? with incoming to Philip Buchen FYI\nJSJ:pd\nLIBRARY GERALD : FORD\nJ. BENNETT JOHNSTON\nLOUISIANA\n3-3\nUnited States Senate\nWASHINGTON, D.C. 20510\nMarch 2, 1976\nThe President\nThe White House\nWashington, D. C.\nDear Mr. President:\nmE\nI have previously written recommending\nthat you appoint a qualified black attorney as\nUnited States District Judge for the Eastern\nDistrict of Louisiana in New Orleans. A number\nof candidates have been highly recommended.\nThey include:\nRobert Collins\nNils R. Douglas\nErnest N. Morial\nEach of these prospective nominees has now\nwritten to me recommending Revius O. Ortique, Jr.\nas the nominee. Their recommendation, of course,\nhas special credibility because of the fact that\neach of these men has the credentials and back-\nground to merit consideration himself.\nI submit that these recommendations are\nworthy of your most serious consideration.\nJBJ:Jlw\nGERALD\nIndianal\nappointments\nTHE WHITE HOUSE\nWASHINGTON\nMarch 19, 1976\nDear Mr. Cervase:\nThank you very much for your letter of\nMarch 10 concerning the U. S. Attorney\nin the Eastern District of Louisiana.\nI am referring your letter to the\nappropriate officials in the Department\nof Justice for comment.\nThey Philip Sincerely, W. W.Bucken Buchen\nCounsel to the President\nMr. John Cervase\n423 Ridge Street\nNewark, New Jersey 07104\nLICRAP\nTHE WHITE HOUSE\nWASHINGTON\nMarch 19, 1976\nMEMORANDUM FOR\nTHE DEPUTY ATTORNEY GENERAL\nDEPARTMENT OF JUSTICE\nAttached is a copy of a letter from\nMr. John Cervase concerning U. S. Attorney\nGerald J. Gallinghouse of the Eastern\nDistrict of Louisiana.\nI would appreciate your comments and\nsuggestions.\nPhilip P.W.B. W. Buchen\nCounsel to the President\nAttachment\nGERALD\nLAW OFFICES\nJOHN CERVASE\n423 RIDGE STREET\nNEWARK, N.J. 07104\n201 - 483-1800\nMarch 10, 1976\nHon. Philip W. Buchen\nCounsel to the President\nThe White House\nWashington, DC 20500\nRe: Gerald J. Gallinghouse,\nU.S. Attorney (ED LA).\nDear Mr. Buchen:\nLast month Mr. Gallinghouse withdrew as a\ncandidate for a vacancy on the U.S. District Court after\nthe ABA found that he was unfit for the office.\nThis finding was further supported by events last\nweek. Mr. Gallinghouse unilaterally designated the\nChancellor of Tulane Medical School as an \"unindicted\nco-conspirator\" in a criminal case. U.S. District Judge\nEdmunt Palmieri of New York sharply criticized him for this\nact, and \"relayed to the U.S. Attorney's office some\nobservations and advice about the use of the term 'unindicted\nco-conspirator'\". (Enclosed). Mr. Gallinghouse has been in\noffice for six years. There is no reasonable justification\nfor his action.\nLast Saturday the New Orleans Times-Picayune published\na letter by Mr. Gallinghouse's assistant which defended him.\nIn the letter this Assistant U.S. Attorney clearly implied\nthat Gallinghouse not only used his office to obtain the\njudicial nomination, but that he is now using it to identify\nthe people who opposed his nomination. It is not unreasonable\nto infer that he will use his office to stigmatize those\nopponents.\nThe threat of stigmatization is not idle. of course\nthe Chancellor's case is one example. But within the last\ntwo weeks, Mr. Gallinghouse has disclosed to the press the\nname of a local sheriff under investigation, information\nabout a plot to bomb some New Orleans buildings and\ninformation about a housing authority lease. Apparently,\n- 1 -\nHon. Philip W. Buchen\n- 2 -\nMarch 10, 1976\nStates-Item reporter Jack Davis and WVUE-TV reporter\nRichard Angelico have unlimited access to the U.S. Attorney's\nfiles. They consistently cite \"sources close to the\ninvestigation\" as the basis for reports of information\nwhich only the U.S. Attorney could possess. In my\nopinion these disclosures of confidential information violate\nthe canons of ethics, the ABA Standards for Criminal Justice\nand Department of Justice policy.\nAlthough Mr. Gallinghouse ought to be replaced, I\ndo not expect the President to do this during an election\nyear. However, the Attorney General has the power to\nclosely supervise the operation of his office. The exercise\nof that power is clearly warranted.\nTherefore, I request you to direct the Attorney General\nto take the following actions:\n1. Assign an experienced Department attorney to\nmove to New Orleans and to supervise the operation of the\noffice.\n2. Draft and implement strict regulations about the\ndirect or indirect disclosure of information to the press\nand public.\n3. Draft and implement a regulation which prohibits\nMr. Gallinghouse from holding a press conference or issuing\na press release without the prior express approval of the\nAssistant Attorney General in charge of the Criminal\nDivision.\n4. Draft and implement regulations which prohibit\nMr. Gallinghouse from indicting or charging anyone with a\ncrime unless at least three attorneys certify that they\ncan prove the guilt of the defendant beyond a reasonable\ndoubt.\nSincerely yours,\nJOHN CERVASE\nDefends Gallinghouso\nme,\nNew Orleans.\nEditor, The Times-Picayume:\nRecently Mr. Gerald J. Gallinghouse\nnduif\nwithdrew from the race for appointment\nsays\nas judge of the United States District\nCourt for the Eastern District of Louisi-\nana. This came as a surprise and disap-\npointment to attorneys and others who\nDr. Beasley is a very successful fund-\nknew him.\ne Universi-\nraiser and I had no reason to think he\nOf particular concern is the reason for\nfied that he\ncould not raise this amount of money or\nthe action taken by Mr. Gallingbouse. A\n0,000 check\nto connect it to the earlier denied\nnews release stated that the American\nin that the\nrequest.\nBar Association found Mr. Gallinchouse\ned\" at the\nQ. If you had known how this $200.000\nnot qualified for a judicial appointment.\nFoundation\nwas obtained would you have transmit-\nThe basis for this finding has never been\nted it to the state health agency?\npresented to the public. If a poil of the\ntestimony\nA. No. I would not have. Like the earli-\nsley's trial\ner request that I declined from Dr. Beas-\nmembers of the American Bar Associa-\nes of seek-\nley, this would have seemed to me to be\ntion in the Louisiana area-was taken, we\nernment of\nanother instance of an institution using\nhave been unable to ascertain from\nits own funds to obtain a federal match\nwhom the information was solicited.\nU.S. Atty.\nwhich is forbidden by the statutes.\nHowever. the statement of the Am rican\nie $200.000\nBar Association would be interpreted as\nndation of\nDuring the cross-examination of\nexpressing the opinion of its members.\nith his au-\nWalsh by defense counsel Arthur Le-\nBefore an association speaks on behalf\nthen used\nmann, U.S. District Judge Edmund\nof its members. it should determine the\nPalmieri, in an unusual move, told the\nmatching\ntrue opinion of its members.\nnent.\njury that they should disregard U.S.\nMr. Gallinghouse's record speaks for\nAtty. Gerald J. Gallinghouse's designa-\nitself. He has been in the public eye for\nurned over\ntion of the Tulane chancellor as an\nmany years. There has been no evidence\n/ planning\n\"unindicted co-conspirator.\"\npresented to support the news release of\nLemann had brought out in his ques-\nthe purported statement of the Ameri-\nn-count in-\nticning that Waish had been so designat-\ncan Bar Association. There has been\n$200,000 in\ned by the U.S. attorney's office in the\nmuch evidence to refute and contradict\n\" through\nFHF case when Palmieri intervened,\nthe American Bar Association.\ner agents\nsaying:\nMr. Gallinghouse has prosecuted fear-\nin federal\n\"It is somewhat unusual for me to tell\nlessly and vigorously without regard to\nyou this, but I want you to know that you\nthe name or position of the defendant.\nng to con-\nRumor has it that this may be the cata-\nshould ignore the 'unindicted co-conspir-\nre federal\nator' designation of Dr. Walsh by the\nlyst that set in motion a campaign\nagainst him\nfederal\nU.S. attorney.\nFederal dockets are crowded. and the\nunds.\n\"The fact of the matter is that the U.S.\nresignation of Judge James E. Comis-\nrd, Walsh\nattorney has no power to name anyone\nkey, the death of Judge Herbert W.\ne time-in\nan unindicted co-conspirator. Only a\nChristenberry and illness of other judges\nhad paid\ngrand jury. not the U.S. attorney or any\nhave created a necessity for an early\nalled Soft-\ncourt, can indict an individual. Dr.\njudicial appointment.\nWalsh is not on trial here and should not\nHowever. because of the power wield-\nthat Soft-\nbe so regarded by you jurors.\"\ned by a federal judge's grant. caution\nthe Fanin\nmust be exercised in judicial selections.\nI letter to\nPALMIERI SAID he has \"relayed to\nThe judicial robe possesses no mage\ngiving a\nthe U.S. attorney's office some observa-\npower with which to endow its wearer\nsley's re-\ntions and advice about the use of the\nwith the quality of infallibility or with\nterm 'unindicted co-conspirator.\"\nhonesty. integrity, fairness, industrious-\nis earlier.\nWalsh's testimony that Tulane would\nness, knowledge of the law or a judicial\nby Beas-\nnot have accepted the $200,000 from the\ntemperament. The man or woman se-\nred from\nFanin Foundation to be used as match-\nlected should be chosen because he or\nthe state\ning funds was corroborated by another\nshe already possesses these qualities.\ning funds\nTulane official, Frederick King, vice\nThese qualities and not politics should\nnment.\npresident for business affairs at the Tu-\nserve as the guide in selecting the one to\nlane Medical Center.\nwear the judicial robe. Only in this way\ncan justice prevail.\nand an-\nAsked if he would have approved the\nMARY WILLIAMS CAZALAS, J.D.\nFORD\nilsh then\nacceptance of the $200.000 to be relayed\nto the state and used to obtain a federal\nre might\nmatching grant. King replied:\neasley's\n\"Absolutely not. That would have gone\nLIBRARY\nown and\nagainst my understanding that institu-\n$200,000\ntions should not use their own funds to\nn, which\nobtain federal matches, nor should funds\nthat might be federal dollars in the irst\nstion it.\nplace be used to obtain a match.\"\nTHE WHITE HOUSE\nWASHINGTON\nJuly 13, 1976\nMEMORANDUM FOR:\nPHIL BUCHEN\nDOUG BENNETT\nFROM:\nMAX FRIEDERSDORF m.6.\nCongressman Edward Hebert (D-La.) strongly urges the President\nnominate Mr. Gene Davis of New Iberia, La., for a Federal judgeship\nvacancy in Louisiana.\nHebert understands Davis is now going thru clearance.\nCC: Jack Marsh"
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